Leading
Community Efforts Against Domestic Violence Through Prosecution, Protective
Orders, and Outreach

"Love
Isn't Supposed to Leave Bruises."

DOMESTIC VIOLENCE PREVENTION

The
County Attorney's office aids in the prevention of domestic violence through
legal representation of qualified applicants for protective orders, prosecution
of domestic violence crimes, and community outreach. Our goal is a team
approach to combat domestic violence by making victims aware of the services
available to them, pursuing protective orders to safeguard victims and their
families, and using all of our resources and skills to prosecute defendants
charged with family violence crimes.

FAMILY VIOLENCE PROSECUTION

Our office
reviews criminal offenses such as assault, terrorist threat, interference with
a 911 call, or violations of a protective order to determine if charges should
be filed. If charges are filed, a prosecuting attorney will be assigned
to the case. The case may be tried to a jury or to a Judge. The victim's
input is very important to the case. However, it is ultimately the State's
decision as to whether a case is filed or dismissed.

If you
have been a victim of domestic violence or any other criminal offense and you
would like to contact the County Attorney's office concerning the case, please
call Chief Investigator Gary Brittain or Victim/Witness Coordinator Ray Evans
at 936 560 7788. A victim who wishes to file an affidavit of non-prosecution
asking for the charges against a defendant to be dropped or lowered must come
in person to our office and meet with the Chief Investigator or Victim/Witness
Coordinator. Affidavits of non prosecution may be considered by the prosecutor,
but there is no guarantee that such affidavits will affect the outcome of the
case. Our prosecutors will not consider affidavits of non-prosecution
submitted by the defendant or defense attorneys.

This
Office handles a wide variety of domestic violence cases. Assistant
County Attorneys will look at the facts of each case, the prior criminal
history of the defendant, the impact of the crime on the defendant's family,
and other factors when recommending a plea bargain or a requested punishment at
trial. Plea bargains and punishments in these types of cases may include
dismissal, a fine, counseling, probation and/or incarceration. Community
supervision or probation through the Nacogdoches County Community Supervision
and Corrections Department can offer the defendant a chance for rehabilitation
while ensuring the safety of the victim. Effective prosecution of domestic
violence cases requires frequent and early communication between the State and
the victim as well as others affected by the crime. Please help us in our
efforts to stop domestic violence in Nacogdoches County.

PROTECTIVE ORDERS

YOU
SHOULD NOT DELAY IF YOU ARE CONSIDERING A PROTECTIVE ORDER SINCE A LONG DELAY
BETWEEN AN INCIDENT OF VIOLENCE AND THE PROTECTIVE ORDER APPLICATION MAY HURT
THE CHANCES OF IT BEING GRANTED BY THE COURT.

What
is a protective order?A protective order is a civil court order issued
against a person who has committed family violence. A protective order's
primary purpose is to prevent family violence from occurring again in the
future.Who is entitled to
protection?

The
applicant must be one of the following:

ºA person who is
related to the offender by blood or marriage(including a former spouse);

ºA person who is
currently living in the same household as the offender, or has lived in the same
household as the offender at some point in the past;

ºA person who has
had a child with the offender; or

ºA person who has or
has had a continuing relationship of a romantic or intimate nature with the
offender.

Where can a protective order be filed?

A
protective order can be filed in the county where the applicant resides or in
the county where the offender (respondent) resides. An applicant may
apply for a protective order through the Family Crisis Center of East Texas
Thrift Shop located at 4610 North Street, Ste. 103, Nacogdoches, Texas 75965
(phone number 936 569 1018). The Thrift Shop is affiliated with the Family
Crisis Center of East Texas located in Lufkin, Texas. An applicant may also
apply for a protective order through a private attorney, through legal aid, or
pro se (which is when a person files on their own).

Protective order process

If you
or your child have been the victim of family violence the Nacogdoches County
Attorney's Office may be able to help you file an application for protective
order and represent you in court at the hearing. The hearing will
normally be held two weeks after filing your application for protective
order. The Court may issue a temporary protective order during the two
week period before the hearing. The Respondent (the person you are seeking
protection from) will be served with a copy of your application for protective
order, your affidavit describing the family violence, and notice of the
hearing. You will be required to testify at the hearing.
After the hearing, the court will issue a final protective order if the Court
finds that family violence has occurred and is likely to occur again in the
future. A final protective order may be in effect for up to two years.
If you have children, a final protective order may include orders regarding
access to and possession of your children and child support. However,
those orders will expire when the protective order expires.

AVAILABLE
RESOURCES FOR DOMESTIC VIOLENCE VICTIMS

CRIME VICTIMS COMPENSATION:

You may
be eligible for compensation of medical, hospital, or physical therapy bills,
psychiatric care or counseling, loss of earnings or support, loss of wages due
to the prosecutorial process, and care of a child, among others. You may also
be eligible for one-time relocation expenses. The Attorney General's Office
determines eligibility and you must use their forms.

To find
out more, contact the Texas Attorney General's Office CVC Division at
1-800-983-9933 or 1-512-936-1200.

COMMUNITY-BASED ADVOCACY:

The
Family Crisis Center of East Texas offers emergency shelter, individual and
family counseling, support groups, accompaniment to court and to law
enforcement agencies, transitional housing, professional training, a thrift
store, and more.

To make
an appointment with the Family Crisis Center of East Texas, call 936 569 1018
or 936 639 1681. The 24 hour crisis hotline is 1 800 828 7233. You may also
visit their webpage at www.familycrisiscenterofeasttexas.com.

TEXAS HOUSING RIGHTS:

A
Protective Order may allow you to legally break your l ease if you need to move
in order to stay safe. Information about Texas Property Code Section 92.016
which covers this can be found at the following websites: www.legalmomentum.org
under "Violence Against Women" then "Employment and Housing Rights for Victims
of Domestic Violence" or www.capitol.state.tx.us under "Statutes" and
then "Property Code".

TEXAS UNEMPLOYMENT INSURANCE RIGHTS:

If you
feel you must find another job in order to stay safe, you may be able to file
for unemployment benefits. Information regarding Texas Labor Code Sections
207.045 and 207.046 may be found on the following websites: www.legalmomentum.org
(under "Violence Against Women" then "Employment and Housing Rights for Victims
of Domestic Violence"), or www.twc.state.tx.us (use the "Search" feature
and type "207.046"). You may also contact your local Texas Workforce Commission
office.